The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-03-16
AN HONOR TO THE STATE.
ASSOCIATE JUSTICE HENRY McIvER sUs-
TAINs THE FORMER HIGH REPUTATION
OF THE BENCH OF SOUTH CAROLINA.

TAlNS THE FORMER HIGH REPUTATION
OF THE BENCH OF SOUTH CAROLINA.
His High Character, His Good Man.
ners. His Exact Learning, and His
Careful Attention Have Brought
Him the Highest Rewards OF His
Profession.
american La,D Reco,,!.
Lord Campbell, although often criticised for
tered upon literary career as biographcr,
never rendered greater service to tie profes-
sion OF the law than when he wrote the lives
Of the Lord Chancellors and Chief Justices OF
ticularly was the work of Lord Campbell OF
unquestionable value, pre)udiced, as has been
charged, or imperfect though 1t he. The
writer Of this paper was just beginning to en-
ter upon the study OF the law when the "1ives
Of the Lord Chancellors" appeared, and he
well remembers the Impression that 1t made
upon the profession. 1t was purchased and
read everywhere with avidity; men who were
mere names to the laymen and 10 the lawyer
rs well, stood ont from the canvas and we be.
came acquainted with the manner or mon
whose opinions were daily cited In our courts.
Even Lord Eldon, who was great at late day,
as living equity judge, pronouncing opin-
ions in the High Court Of Chancery, was TO
many dry authority and nothing more.
The great Lord Hardwlck was cited every
where as authority as a judge, but as man
covers that envelope our law learning. We
knew more OF the history OF the litigants
whose cases he decided than we did Of the ii.
Iustrious judge who decided them. or Lord
later still OF Lord Brougham, we know more,
and only know more because they were ora
tors and politicians, who. each in his day, fig
ured conspcuousIy before the public eye. It
will IA VT a knOwl-
edge Of the life and character OF the man
whose opinions are cited are OF the high est
value, not only to the Bar, but 10 the Bench,
whose Judgment we are seeking to convince
And In this country. where law books on all
subjects have multiplied, and where reports
have accumulated to an inordinate extent,
and where many courts or last resort are dai-
ly giving law to the world, 1t becomes OF the
utmost importance that the Judge whose
opinion is cited shonld be known and his
learning and character fully understood. The
courts look equally imposing in print, and in
the main they s7ttnd equally as we'll when
as authority? Who delivered it7 What Is
the reputation OF the judge as a lawyer?
What was his reputation at the Bar before he
was promoted to the Bench? In what partic-
ular branch OF the law was he distinguished?
These are the questions concerning which l we
the truth might as we'll be spoken; and In
this day when the election Of judges by the
people, and worse still, by party. seems to
be the approved method; when their terms
Of office arc cut down to the space OF n few
years, the profession Is fast losing. their for
mer reverence for the utterances OF courts as
such, and lawyers constantly now cite cases
but because upon any given question It is the
opinion Of n particular judge, known for his
Integrity, his independence and his learning
How often IN the experience o. Grey every lewysr t,
with the inquiry, "WhOse opinion is thatf'
And what great weigh does 1t carry, II in cit
Ing South Carolina case one can answer that
It is the opinion OF Harper; or II citing 2 \ New
York case we can say 1t IL the opinion OF Kent
or Walworth: or II citing q case from the Su-
preme Court OF the United States one Is able
TO say 1t Is the opinion OF Marshall or Storey.
mucb rs Ibs apHh
authority II one can say that II Is the opinion
Of Lord Mansfield, or more recently, the opin-
ion OF Lord Eldon, or OF Sir William Grant.
II the reply Is that 1t is the opinion OF Lord
Erskine, or Of Lord Brougham, whose reputa-
tions as judges have not kept pace with their
reputations as orators and men OF letters.
Hence we feel the advantage OF having some
Of the lives and public services OF
the distinguished judges who may now adorn
the bench In the several states OF the Union.
And among these are few who deserve . high,
er recognition than the upright and learned
judge whose name appears at the head Of this
sketch. We are we'll aware that the Judiciary
OF South Carolina has not OF late occupied the
same high rank that It certainly did thirty
years ago when the rule In South Carolina
was TO put youn1 judges upon the Bench and to
elect then, for life. thereby enabling them to
become educated by q system Of judicial train
Ing and fitting them for the exalte office they
were called upon to exercise. BY this means
we always had the advantage In this State OF
on old and experienced court, while we secur-
ed the other great advantage OF having con,
ambitious life; thus combining the energy Of
the younger men with the wisdom Of tried
experience AMI matured learning. Could We
how reat would be their reward! Could we
but make them feel that great court is not
for the benefit OF the Bar but for the benefit OF
the people themselves whose dearest rights
are suspended In the balances! The ancient
and weil-tried system of South Carolina, to
which we have referred, passed away with
the reconstruction OF the judiciary which fol-
lowed in the track OF war, and for the next
their ancient standing. They lost for n time
the respect and confidence OF the profession
at home, and to still greater degree failed to
command the respect OF the profession
But happily this untoward condition or
things could not and did not continue; q
change came In 1876, since which time the ju.
dietary OF South Carolina may claim a fair
industry. Letone but read carefully the cases
as they have appeared between 1876 and 1886
In Stands Reports, and the fact will conspic.
more to this happy result than Mr. Justice
McIver, as the following cases. taken at ram
dom, will abundantly testify: Montgomery
Snider VS.. Robertson, s. c., 2l3 Simons VS.
Bryer. 10 s. C., 3A Caldwell VS.. Barnett % S. |
e, |: Davidson va. Moore, S. g., 1872; Calvo vs.
The r: 4. Co, % s: e., 526; Davidson vs. The
6, SIS; Gardner vs. Gardner, 20 S. c, SIS; Hab-
srnicht vs.. Rawl G. Wiehap, In Southern L1W
Times mot yet reported). which cases at once
cover large field OF Judicial Investigation.
md manifest the varied Skill and learning OF
IN accomplished jurlst and scholar. These |
will prepare for the sketch we now
propose.
Henry Mo1vcr was born on the 25th Of Sep
:ember, 1926. near the village OF Society Hill,
, community OF many social advantages, In |
he present county Of Darlington, in the State /
II South Carolina. He was OF Scotch ances- |
to this state shortly after the battle
u CullOden. His grandfather, John L. Nc. |
.ver, married Mary Ann Williams. the sister |
If David R Williams, fer some time men,-
His father, Alexander McIver, married Mary |
the daughter OF Enoch Hamford, or
the first Professor OF Languages |
II the South Carolina College, the state inSti- |
icing lawyer OF repute, In partnership with |
Ills brother-in-l law, the late Josiah ]. Evans,
or many years one Of the judges OF the Law
Court OF Appeals OF the State, and O United |
states Senator as the colleague OF Mr. Cal.
noun. 1t Will be noted that Judge McIver
,ame from worthy and distinguished stock,
md Is none the worse for having strain OF
lie colder Puritan blood OF New England,
mingled (as was often the case In the early |
lays Of the century, with the warmer temper
.ment OF our Southern attitudes We have |
evidence OF this happy connection in the cool
Judgment, warm manners and hearty COM
OF their distinguished descendant.
In October. 1886. tho fatrer OF Judge McIver, |
himself distinguished lawyer, removed to
ever since resided, seeking no political prefer
nent, but deroting all the energies OF his fine |
mind and superior attalnments to his profes
sion. In autumn OF 1A3 young McIver was